Trade union Solidarity has called on former Eskom CEO Brian Molefe to pay back the pension money he received from the power utility or face criminal charges.

The union’s Chief Executive Dirk Hermann says the Eskom payout of public and taxpayers’ money to Molefe is tantamount to fraud.

Hermann says the union, on behalf of Eskom employees who contributed to the defrauded fund and the general public, are intending approaching the high court next week to force Molefe to return the millions.

Hermann says Solidarity is rejecting the apology and explanation forwarded by former Eskom CEO that the power utility pension fund administrators had erred in paying him the R30 million pensions.

Hermann says the payment was not a slight mistake as Molefe mentioned during the Parliament committee hearing on Tuesday.

Hermann says they are of the opinion that there is a prima facie criminal case that Molefe and those who took the dubious and unlawful decision to grant him the pension payment he did not qualify for must answer in court.

“It is not so easy to put unlawful actions right by means of cheap apology. Unlawful actions have consequences. An apology and even payback is not enough. Solidarity is of the opinion that there is a prima facie criminal case against the persons who made the suspected decisions.”

Molefe has during the Parliament Inquiry into State Capture in the SOE’s admitted that the power utility’s pension fund had erred in giving him the R30-million pension payout.

In his new admission, Molefe told the Parliamentary committee that there were no justifiable cause for such a payment.

Hermann says based on the Molefe pension saga and other alleged corrupt activities against him, the union is of the view that he should be barred from occupying any top public office.

“In light of the allegations of prima facie corruption and the investigation against Molefe, the correct thing to do would be that he should not be permitted to occupy any position where he will be handling public funds.”

The urgent court application regarding Molefe’s repayment of the pension fund is scheduled to be heard in the High Court in Pretoria next week Wednesday.

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